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Terms of Use aka. The Rules

Mon Jan 1, 2007, 10:44 AM


Stock & Brush Use In General

    You always need to:
  • Credit me & link back to THIS account. THIS account, not my main account. Reason: people tend to follow the link to look for stock when linked to an account in a stock list, but there is no stock on my main account! For linking on dA see FAQ #81: How can I create links to other deviants, deviations, or websites?.
  • Please show me what you've done! You can note me or comment on the image or on my front page, I don't care. If you don't have a dA account, please e-mail me at kuschelirmel<at>gmail<dot>com. You can also rely on the dA mentions system, just remember that for this to work, my username must be linked either via :devkuschelirmel-stock:, :iconkuschelirmel-stock:. If you want to make sure I get your message and leave a fave, you are welcome to do this the old-fashioned way (comment or note).


    You are NEVER allowed to:
  • Redistribute my stock, brushes or any other resources in any way - no matter how: alone or in packs, via Rapid-Share, Photobucket, µTorrent or simply by e-mail. As "stock" or wallpapers or in any other way. Link people to this account if you want to share!!!
  • Create & share "stock from stock" (aka. premade backgrounds), brushes made using my stock, so-called tubes (cut out stock in png format) created using my stock, scrap-booking kits, etc. - even if they are offered for free! Reason: while you may give proper credit and tell your audience to credit me, too, people rarely do that and I end up with effectively no credits and on top of that no links will come to my inbox so I can see how my stock is used.
  • Use my images without substantial alterations commercially - see extra rule about Commercial Use & Contest Submissions below. 



Commercial Use & Contest Submissions Extra Rules

i.e. art to be sold or licensed (on prints, mugs, t-shirts, cd covers, book covers, advertising for companies that will earn money with their products, flyers for events that require an entrance fee etc) or that you are being paid to create (commissioned work, examples include book/cd covers, flyers, advertising) - with the payment being in the form of real life money, dA points or any other form of online-community-credits that are worth actual real life money - or for the submission in contests of any kind. This excludes the sale/production of resources with my stock - this is always prohibited!
  • I need to see some substantial alteration or that my image is not the focus of your work if you want to make money with something that uses my stock.


You are not allowed to sell stock made from my resources (you are not even allowed to do that for free)!


Examples:

  • YOU CAN: use a texture to enhance your own photograph, use a brush to enhance your drawings, use a texture or stock image in the background of your drawing as long as the focus is (obviously) your drawing
  • But YOU CAN'T just use a stock image of mine and enhance that with a filter or texture (= minor edit) and try to sell it or slap smily faces on my tomato stock (just an example) and then call it yours (goes for all kinds of "fun doodles");
  • Putting images in diptychs/triptychs is NOT a substantial alteration, neither is adding text/a border etc or running any filters over it (even if you can barely recognize the image afterwards - that includes that fractalicious plug-in!) or simply changing colours or doing some retouching like removing phone-lines etc.
  • IN PRINCIPLE: use more than one image and create something new -- sell your art, not my stock ;)


More examples of what you can do with my stock:

  • If you're not a manipulator but a painter (traditional or digital) or pixel artist or anyone who just wants some reference, go right ahead! I love to see what you make!
  • You are allowed to use my stock on and off dA (incl. ponybox, flickr, rpg games, other forums of any kind) as long as my rules are followed.
  • You can use my stock in educational projects (school, uni, college,..), promotional work for charity or artwork for charity auctions/fundraisers, favours for friends or family, birthday cards, family photo albums (scrap booking on a personal level), your own website/twitter/myspace/etc layout, dA Journal CSS for yourself/friends/installable CSS for everyone to use
  • As long as you don't make money with it, you can go nuts retouching my images, playing with filters or whatever. Just DON'T upload that as photography because you didn't take the photo. It should go in Digital Art > Miscellaneous or if it's really rudimentary in your scraps. Again: as long as my rules are followed I may think "how unoriginal", but I will not tell you that it's crap and I will not want it removed - everybody starts somewhere and everyone should have the opportunity to practice. Unless you put it in photography (or othewise create the illusion you took the photo). Then I'll ask you to relocate it once and only if that is not followed I'll have dA or *insertwebsitehere* staff remove the image.


 

Sharing my Stock & Resources

    Lastly, if you want others to find my stock, link them to my page or use the nifty links all my deviations offer on the right-hand side. Same goes for if you want to include my stock on your blog or twitter it or share it via facebook or wherever. I'm completely cool with that (I even appreciate it ;)) as long as you point people towards this page, where they can also see my other stuff and where they can find my rules. Don't reupload my content - link people to this little cormer of the web!



Anything Out of the Ordinary:

If you want to obtain the right to do anything that my Terms of Use prohibit, please contact me via note or e-mail (kuschelirmel<at>gmail<dot>com) to negotiate a fee.


Would you like to support me?

If so, please consider becoming my Patron on Patreon: www.patreon.com/kuschelirmel
  • What do I offer there? This is where I post behind-the-scenes stuff, like work in progress shots of my art, little tidbits about how I create my art and my stock, pre-releases of stock you can later find here for free or even for sale as well as exclusive patreon-only stock and resources.
  • What do you need to do? You choose a plan for payment, i.e. how much you would like to donate per paid post that I create (not all posts will be paid posts, paid posts will be limited to max. 2 per month, but may also be none if I do not have time to update) and then you receive access to my Patreon only posts plus those up to your payment tier. For example, for 1USD per creation, you get access to behind the scenes stuff as well as stock pre-releases. If you pay more, there are exclusive rewards toed to that, for example, pre-releases of dA premium stock.
  • I am new to Patreon myself, so my payment tiers and such are still subject to change until I find what works best for me AND for my patrons. Patrons are also more than welcome to interact with me through comments on the patron-only posts. I would very much like this to be a place where we can be a bit more personal than on dA (where the flood of messages can often bury me hopelessly...).


Exclusive Stock & Brushes

    My (older) exclusive stock can be found in this collection. It is stock uploaded in password-protected packs that can either be won in contests on dA, traded for other exclusive stock or bought (usually for something along the lines of 5 € - that's 7 $USD - via paypal or 600 Points via dA).
    • All Terms of Use outlined above still apply!
    • On top of that, the password is not to be shared with anyone!

With the Premium Content system, there is also quite some low-budget single images, cut outs, premades etc. that are not freely available, but can be bought through dA's points system. You can find them in this collection.
If you are buying a lot of my stock, becoming a Patron (see above "Would you like to support me?") will make sense as well, since I will be (pre-)releasing quite some premium stock there, too, but only charge once or twice a month (but I plan on releasing more - also exclusive stock you will not find on dA later).

:heart:


Special Rules for dA Journal and Gallery CSS

    My journal css templates come as two types: Journal/Gallery CSS templates, that you need to download, unzip and then follow the instructions to install manually, and Installable Journal CSS, that you can simply install by clicking the green button that says "Install to Journal" underneath. Please note that you can use these only if you are subscribed to dA.
    • You are not allowed to alter the images provided in any way! Not for yourself, not for others. That means: no colour changes, no adding of brushes, filters, characters or whatever else - either you use the images the way they are or you make your own from scratch. They are not intended for stock use either!
    • If you want to alter the journal code a little for yourself (for example, if you need more boxes or titles or a menu with links or...) while keeping the images provided, go ahead. If you want to exchange the images for something you made for your own journal, go ahead.
    • My templates usually come with a credit line that I would like you to keep intact as long as you use the journal the way it is. My installable skins sometimes have a credit line that you can keep but do not have to as these journals automatically give credit and link back to the deviation.
    • If you do make your own images and create a journal based upon one of mine (for your own use or for a friend), credit in the journal would be nice. If you altered the thing completely, a one-time mention of this account will do. If your layout still relies heavily on mine, a permanent credit would be appreciated.
    • This should go without saying, but unfortunately it doesn't: Be so fair as to not enter css contests with one of my layouts or sell one of my layouts as "customized journal layout" or reupload one of my layouts as installable skin or template when all you did was swap the images (if you didn't even do that then you're a hopeless case anyway) - if you really make it your own, you can use my code to your heart's content, but pretending you did all the work when you couldn't even be bothered to change the colours will be a sure way to incite my wrath.


Special Rules for my Tutorials


  • My tutorials are not to be reposted elsewhere, neither in part nor in full! I wrote them and I spend a heck of a lot of time on each, my only reward being the comments left on them. If they get reposted in forums or wherever, I get zero feedback. If you want to show others one of my tutorials, link them to the tutorial in question or to the collection or to my page - maybe they'll find something else worthy of their attention?! - or if you want to blog about it, you can use the embed function (under "Share" on the right side of each deviation page with "sharing enabled" which all of my devs do).
  • I do not allow translations of my tutorials (because when I don't speak the language I cannot do a quality check)


P L E A S E

    If you have read all of this and are still unsure, feel free to contact me via note or e-mail (kuschelirmelgmailcom).  But please for the love of my sanity, don't ask just to be asking because you feel it's polite or what not. Answering questions that are already answered here on a regular basis only serves to drive me insane (and make me irritable)!


Add a Comment:
 
:iconskaitleen03:
skaitleen03 Featured By Owner Nov 22, 2017  Hobbyist General Artist
I'd just like to ask. Is it necessary to link back to this account everytime we would like to use the brush?

Just curious
Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner Dec 2, 2017  Hobbyist Digital Artist
yes, it is.
Reply
:iconskaitleen03:
skaitleen03 Featured By Owner Dec 2, 2017  Hobbyist General Artist
Whoah... Forgot about this. Decided against using it. Thanks for the reply tho...
Reply
:iconmeliemelusine:
MelieMelusine Featured By Owner Nov 15, 2017  Hobbyist Digital Artist
I Agree
Reply
:iconimaraofneona:
ImaraOfNeona Featured By Owner Jun 29, 2017
Hi!! I had a question : Say I have a photograph of the sky and I use your star brush to enhance it and then sell it as a premade background, would that violate your terms of use??
Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner Jun 30, 2017  Hobbyist Digital Artist
If you are using my sky stock then yes it would violate my terms: it would be a minor adjustment plus I do not allow premades with my stock.
If you are just talking about using my brushes only (with your own photo stock) I'm okay with it (maybe I need to update my terms there to make them clearer).
Reply
:iconimaraofneona:
ImaraOfNeona Featured By Owner Jun 30, 2017
No actually your terms are very clear :)

I should've explained better, I had my own photographs that I wanted to enhance with your star brush and then sell them as premade backgrounds. I'm glad that you don't have a problem with it.
Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner Jun 30, 2017  Hobbyist Digital Artist
:heart:
Reply
:iconimaraofneona:
ImaraOfNeona Featured By Owner Jul 2, 2017
Hug 
Reply
:iconryeam:
RyeaM Featured By Owner Jun 23, 2017  Hobbyist General Artist
I have downloaded one of your brush sets to aid in my edits of a photoshoot I took for my portfolio and website and I am including a link to resources used on my about me page.  My website is not in completion yet, but as soon as it is I will send you a link to the blog post of the shoot so you can see how it was used.  Thank you very much for your stock and good luck to you.  :)  The brush set was very helpful in my edits.
Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner Jun 27, 2017  Hobbyist Digital Artist
Great to hear! Can't wait to see!
Reply
:iconpoppypraise:
Poppypraise Featured By Owner Jun 19, 2017  Hobbyist Digital Artist
Hello, I have a question :) 

I was reading up on the Commercial Use & Contest Submissions Extra Rules section, and I don't know if I was reading into it right or not, but there didn't seem to be any affirmative or negative confirmation on what exactly your stock could be used for, at least in my eyes, so I apologize if the answer is already evident in the journal.

For example, could I use some of your brushes in drawings that I may offer to sell as prints or use them in commissioned pieces? So long as they aren't the primary focus of the image of course.
Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner Jun 27, 2017  Hobbyist Digital Artist
Yes - as long as you are selling your art and give credit where it is due you can use my stock for commercial stuff.
Reply
:iconpoppypraise:
Poppypraise Featured By Owner Jun 27, 2017  Hobbyist Digital Artist
Okay, thank you for clarifying :D
Reply
:iconlillendandie:
Lillendandie Featured By Owner Dec 19, 2016  Professional Digital Artist
Have you thought about selling your brushes? I think a lot of artists would rather pay up front if it meant they could get a license that ensures commerical use right away. I say this because your star brushes are truly lovely but i would hate to use them and then find out I couldn't sell my painting after the fact. In fact, running every use and creation past you must be really time consuming for both yourself and the user.
Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner Dec 26, 2016  Hobbyist Digital Artist
Hallo, if you read my rules properly, then you will find there is no such thing as running every use by me. I have defined rather clearly what yu can and cannot do with my brushes. No amount of money would make me not want credit and a link -- that and the fact that I expect the person to sell their art and not just a canvas with my brushes randomly scribbled across are my only rules. So I'm sorry, I really don't get your comment. But if you think I'm too restrictive, you are free to use someone else's brushes. As I said, charging money would not change my rules.
Reply
:iconarvalestos:
arvalestos Featured By Owner Dec 1, 2016  Hobbyist General Artist
Hi, your stocks are amazing. :) I'm hoping to do some photomanipulations using some "elements" of your photos here, meaning I might take one or two things from one photo and another thing from another photo (for example, get rocks from a photograph of a mountain side, and then blend it with a building from another of your photo). I will, of course, do more than that and make it more artistic. But, my question here is, would you allow some of your stocks to be used on a possible YouTube/Twitch show as part of animated "stills"? We're making a simple animated adventure that would use backgrounds that are carefully tweaked through Photoshop and the like, and I'm looking at your stocks to help me. If you want, we could discuss this more in private or something. :)
Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner Dec 1, 2016  Hobbyist Digital Artist
I don't know what exactly you mean - but as long as you do not use the stock as is, i.e. not in a photomanipulation, you can use your art for whatever you liker as long as credit is given.
Reply
:iconarvalestos:
arvalestos Featured By Owner Dec 1, 2016  Hobbyist General Artist
ok. thanks for answering. Keep up the good work! I'll be sure to credit you :)
Reply
:iconsappymax27:
sappymax27 Featured By Owner Nov 6, 2016
can i use your stock on an outside website on a sim site ?
Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner Nov 6, 2016  Hobbyist Digital Artist
if you follow the rules above, yes.
Reply
:iconluminaara:
Luminaara Featured By Owner Jul 3, 2016  Hobbyist General Artist
Kleine Frage: Muss man in der Beschreibung unter dem Bild den Credit zu dir geben oder geht das auch in einem Extra-Journal?
Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner Jul 3, 2016  Hobbyist Digital Artist
so ein extra journal guckt sich normal niemand an - ich hätt's lieber beim Bild.
Reply
:iconluminaara:
Luminaara Featured By Owner Jul 4, 2016  Hobbyist General Artist
Okay :) Ich dachte nur, weil ich hab mir jetzt x-Millionen Pinsel zum Download vorgemerkt :D nicht, dass ich da mit den Credits durcheinander komme da muss ich ja mitschreiben, was ich hernehme :O
Doch wenn du das so unter dem Bild lieber hast, mach ichs natürlich so :)
Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner Jul 5, 2016  Hobbyist Digital Artist
nun, einen "Preis" muss man halt doch "zahlen" (was Du ja auch vor hast, also alles gut) - aber ich glaub kaum, dass Du diese x millionen brushes tatsächlich alle benutzen wirst. da kristallisiert sich normalerweise doch schnell raus, welche man wirklich benutzt und welche eher zum auf-die-seite legen waren.
Reply
:iconrykahimawari:
rykahimawari Featured By Owner Sep 26, 2014  Student Traditional Artist
Hello, I have installed Sunny Tree FULL in my journals. It is really beautiful. I do not know how to make a journal skin and I am happy to discover your account. Have I followed your directions of crediting you and not altering any of your html-like codes? Thanks again and have an awesome day. (ノ◕ヮ◕)*:・゚✧ 

Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner Sep 27, 2014  Hobbyist Digital Artist
:confused: I can't find a journal on your page with a skin and I see you are not subscribed so this is not possible to begin with. Sorry ^^;
Reply
Hidden by Commenter
:iconaloubell:
Aloubell Featured By Owner Jul 29, 2014  Hobbyist Digital Artist
(just in case you didnt see before)

Thank you~! :heart:

Used star brush here!

fav.me/d7sr0nk
Reply
:iconnikhero:
NikHero Featured By Owner Apr 8, 2014  Hobbyist General Artist
I am using your awesome skin for my Cash Prize Contest at nikhero.deviantart.com/
Reply
:iconfargaz:
fargaz Featured By Owner Apr 19, 2014
:D
Reply
:iconmiriatza:
miriatza Featured By Owner Apr 7, 2014  Student Digital Artist
miriatza.deviantart.com/ thankyou so much for the journal skin! (i only get to use it once though from premium membership day :)
Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner Apr 25, 2014  Hobbyist Digital Artist
:heart:
Reply
:iconobscuriial:
obscuriial Featured By Owner Jan 27, 2014  Student Digital Artist
Question, if one was to use your stock as just a reference (for art), would you like us to link back to your account?
Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner Jan 30, 2014  Hobbyist Digital Artist
I'd love to see what you do and if you feel you based your work on my stock heavily and want to give it credit, then I'll never say no to a link back. But you don't have to. After all, you can look at whatever you like and draw whatever you like - as long as you don't trace it, it doesn't even have to be stock imo for you to use it as reference
Reply
:iconobscuriial:
obscuriial Featured By Owner Jan 31, 2014  Student Digital Artist
If I ever use references from DA I always link back, and I will totally message you with what I do.
But I rarely ref, but when I do I will make sure to link back ^^
Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner Feb 1, 2014  Hobbyist Digital Artist
:heart:
Reply
:iconmaiyunbby:
Maiyunbby Featured By Owner Dec 5, 2013  Hobbyist Interface Designer
Hi, I have a question about using your brushes and a few other stocks. You say that as long as the stock is not the main focus of the piece or that as long as it's altered that it can be used for commercial uses, right? I make journal skins and graphics (banners, buttons, ect.) I'm going to be going to college soon for web design so I'll be learning to make my own sources, but for now I can't do it so I use resources made by others. I always give credit and I don't even really charge much for my stuff. but I wanted to be sure I could use your stuff or not. You can see through my journal posts and gallery what kinda stuff I make.

thank you for your time! ><
Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner Dec 9, 2013  Hobbyist Digital Artist
if you are going to do the skins/graphics as commissions I require you to use my stock in a manip of sorts. So simply using one of my images as header graphics is not allowed. If you were to use for example a cut flower in a layout, that would be okay, but the important part here is that the layout is actually a layout and not just that one flower slapped in a corner.
Reply
:iconmhl10p11:
mhl10p11 Featured By Owner Nov 15, 2013
Itīs perfect! I am totally agree
Reply
:iconvivimorena:
vivimorena Featured By Owner May 5, 2013
Hi! I did get a bit confused by the commercial use section a bit. I am looking for images I can use to make a cover for my book. I did not get the part with "that my image is not the focus of your work".
Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner May 15, 2013  Hobbyist Digital Artist
it means if you create a manip with my photos, you can do whatever you want with the result. But if you only add some text, maybe change the colours and crop of an image you got here, I ask that you contact me for a license agreement because then you are using my stock more or less "as is" commercially which I only allow for a fee. I hope this makes it clear.
Reply
:iconvivimorena:
vivimorena Featured By Owner May 15, 2013
It does. Thanks for the answer. I've actually found another image of someone else's and made my "cover" with it. Sooo I might not need yours, you may not worry :). If you want to see it it's in my gallery under the name "Book cover textless". /Can't create links as my computer is very moody these days and I can't open multiple tabs./
Reply
:iconbd670816:
bd670816 Featured By Owner Apr 22, 2013  Professional Digital Artist
can i use your brushes for making textures and sell the textures in graphicriver (microstock sites) ??
Reply
:iconkuschelirmel-stock:
kuschelirmel-stock Featured By Owner Apr 22, 2013  Hobbyist Digital Artist
no, you can't use my resources to create other resources, especially not if you sell them
Reply
:iconbd670816:
bd670816 Featured By Owner Apr 23, 2013  Professional Digital Artist
thanks for your reply :)
Reply
:iconspecial-hussein:
Special-Hussein Featured By Owner Mar 27, 2013  Hobbyist Digital Artist
Hi I used your nice stock here [link]

thanks dear
Reply
:iconnobodyimportant000:
nobodyimportant000 Featured By Owner Jan 13, 2013  Hobbyist Digital Artist
Hi! I have a quick question. If I use some of your brushes in an equine digital painting to sell on a SIM site for fake money, is that okay? The commercial use section confused me a bit :s
Reply
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January 1, 2007
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